THE KERALA MOTOR TRANSPORT WORKERS' PAYMENT OF FAIR WAGES (AMENDMENT) ACT, 1997 Complete Act - Bare Act

ACT 5 OF 1997 [1]

THE KERALA MOTOR TRANSPORT WORKERS' PAYMENT

OF FAIR WAGES (AMENDMENT) ACT, 1997

An Act further to amend the Kerala Motor Transport Workers' Payment of Fair Wages Act, 1971.

Preamble : " WHEREAS it is expedient further to amend the Kerala Motor Transport Workers' Payment of Fair Wages Act, 1971 (23 of 1971), for the purposes hereinafter appearing;

BE it enacted in the Forty-eighth Year of the Republic of India as follows: "

1 . Short title and commencement : " (1) This Act may be called the Kerala Motor Transport Workers' Payment of Fair Wages (Amendment) Act, 1997.

(2) It shall be deemed to have come into force on the 15th day of January, 1997.

2 . Insertion of new section 6A : " In the Kerala Motor Transport Workers' Payment of Fair Wages Act, 1971 (23 of 1971) (hereinafter referred to as the principal Act) after section 6 the following section shall be inserted, namely: "

"6A. Power of Government to amend the Schedule : " (1) The Government may at any time and shall, at the expiration of five years from the 15th day of January, 1997 and thereafter at the expiration of every five years, by order published in the Gazette revise the rate of wages payable to the motor transport workers specified in the Schedule to this Act by suitably amending the Schedule.

(2) Every notification made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised on one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the notification or decides that the notification shall not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.".

3 . Substitution of Schedule A : " For Schedule A of the principal Act the following Schedule shall be substituted, namely: "

"SCHEDULE A

Category of Employees Pay Scale

Class of Employers I I 1475-10-1525-15-1600-20-1700-25-1825

(Employers owing 25

or less than 25 Vehicles) II 1500-15-1575-20-1675-25-1800-30-1950

IIIA 1525-20-1625-25-1750-30-1900-35-2075 IIIB 1550-20-1650-25-1775-30-1925-35-2100

IV 1575-25-1700-30-1850-35-2025-40-2225

V 1600-30-1750-35-1925-40-2125-45-2350

VI 1625-35-1800-40-2000-45-2225-50-2475

Class of Employers II I 1475-10-1525-15-1600-20-1700-25-1825

(Employers owing 26 or II 1500-15-1575-20-1675-25-1800-30-1950

more Vehicles) IIIA 1525-20-1625-25-1750-30-1900-35-2075

IIIB 1550-20-1650-25-1775-30-1925-35-2100 IV 1575-25-1700-30-1850-35-2025-40-2225 V 1615-30-1765-35-1940-40-2140-45-2365 VI 1640-35-1815-40-2015-45-2240-50-2490

Rules for Fixation of Pay : " (1) The initial pay of a motor transport worker shall be fixed in the revised scale by adding the following, namely: "

(a) the basic pay in the existing scale.

(b) an amount of Rs.750 equivalent to Dearness Allowance point between 500 and 1000, and

(c) an amount equal to 10% of the total amount mentioned in items (a) and (b).

(2) The pay shall be fixed in the revised scale on the basis of the amount computed under sub-rule (1) if the same is a stage in the revised scale and, if not, at the stage next above the amount so computed.

(3) Every motor transport worker who has put in more than 5 years of service on or before 15th day of January, 1997 shall be paid one increment in the revised scale as weightage on completion of every five years of service. The pay of such worker shall be fixed in revised scale after adding the weightage in the pay fixed under sub-rule (2).

(4) For the purposes of these rules,

(a) "existing scale" means the scale mentioned in the Schedule immediately prior to 15th day of January, 1997.

(b) "revised scale" means the scale substituted in the Schedule by the Kerala Motor Transport Workers' Payment of Fair Wages (Amendment) Act, 1997.

Note:

1. Dearness Allowance: " The Dearness Allowances shall be paid on the basis of the All India Average Consumer Index Number published by Labour Bureau, Simla for the half years beginning from January to June and July to December every year at the rate of rupees 2 per mensem for every point above 1000 points. The amount of Dearness Allowance for January to June and July to December has to be calculated and paid in September and March respectively.

II. House Rent Allowance : " Every worker shall be paid House Rent Allowance, at the rate of rupees 30 per mensem

. III. Grade : " Every worker who has ten years continuous service in a post without any promotion shall be granted higher grade in the scale of pay of the immediate higher post.

IV . Washing Allowance : " Every worker shall be paid Washing Allowance at the rate of rupees 10 per mensem.".

4. Amendment of Schedule B:-- In Schedule B of the principal Act, under the heading "Classification of Workers", "

(a) under the sub heading "Category I, Unskilled", after serial No.22, the following serial number and entry shall be added, namely: "

23 Backdoor Conductor or Assistant Conductor";

(b) under the sub heading "Category II, Semiskilled" the following serial numbers and the entries shall be omitted, namely: "

"5. Assistant Fitter

6. Assistant Electrician

7. Assistant Carpenter

8. Assistant Blacksmith

9. Assistant Welder

10. Assistant Turner

11. Assistant Tyre-man

12. Assistant Greaser

13. Assistant Battery-man

14. Assistant Painter.";

(c) under the sub heading "Category III Skilled A", the following serial numbers and entries shall be added, namely:

17. Assistant Fitter

18. Assistant Tyre-man

19. Assistant Electrician

20. Assistant Carpenter

21. Assistant Blacksmith

22. Assistant Welder

23. Assistant Turner

24. Assistant Greaser

25. Assistant Battery-man

26. Assistant Painter.";

(d) under the sub heading "Category IV Skilled", the following serial numbers and entries shall be omitted namely:

"2. Mechanic/Head mechanic

6. Chief Mechanic";

(e) under the sub heading "Category V Junior Supervisory" the following serial numbers and entries shall be added, namely: "

"15 . Mechanic/Head Mechanic

16. Chief Mechanic.";

5. Repeal and saving:-- (1) The Kerala Motor Transport Workers' Payment of Fair Wages (Amendment) Ordinance, 1996 (1 of 1997), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.